Knee decisions — 2020

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's service-connected conditions caused his obesity, which in turn contributed to his death. The VA needs to obtain a medical opinion on these issues.

The Board has remanded the case due to the need for a VA examination to determine if the Veteran's current bilateral knee disability is related to his service.

The Veteran's claims for increased disability evaluations for osteoarthritis of the right knee with medial meniscal tear, instability of the left knee, and arthritis of the lumbosacral spine are being remanded due to inadequate pre-decisional duty to assist.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 because the evidence did not support a finding that his right knee surgery residuals were caused by VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault.

The Board has decided to remand the Veteran's claims for service connection for right and left knee osteoarthritis due to inadequate VA medical opinions, unclear duty status during relevant periods, and need for additional development including translation of non-English documents.

The Board denied the claims for service connection for hepatitis and left knee disability as no new and relevant evidence was submitted to reopen these claims.

The Board has decided to remand the cases for further development due to duty-to-assist errors. Specifically, a new VA opinion is needed regarding whether the Veteran's left knee and left ankle conditions are related to in-service events or injuries.

The Veteran's major depressive disorder results in occupational and social impairment with deficiencies in most areas, but does not meet the criteria for a rating in excess of 70 percent.,The Veteran is entitled to an effective date of September 13, 2017 for TDIU due to his service-connected disabilities.

The Board has granted separate 10 percent ratings for painful and limited motion of the right and left knees, but denied higher ratings based on instability. The case is remanded for further development regarding service connection for an acquired psychiatric condition.

The Board has denied service connection for left hip, pelvic, left elbow, and left knee disorders due to a lack of evidence linking these conditions to the Veteran's military service.

The Board has remanded the cases for additional development, including obtaining federal employee disability retirement records from OPM.

The Veteran is seeking clothing allowances for knee and back braces due to service-connected disabilities. The Board has granted allowances for the use of left and right knee braces but remanded the issue regarding a back brace.

The Veteran's claims for clothing allowances for specific braces and shoe inserts in 2014 are being remanded due to inadequate VCAA notice.

The Board has remanded the cases for additional development and readjudication due to missing VA treatment records, authorization for private medical records, and a missed scheduled examination. The issues of entitlement to an evaluation in excess of 10 percent disabling for service-connected right knee patella alta and entitlement to TDIU have been raised.

The Board has remanded the cases for further development and opinion regarding service connection for left hip disorder and right knee osteoarthritis. The issues are related to whether these conditions were incurred in or aggravated by military service.

The Board has determined that additional development is required for the Veteran's claims of entitlement to increased ratings for his bilateral knee disabilities. The case is being remanded for a new VA examination.

The Board denied the Veteran's claim for service connection for a right knee disability, finding no evidence of chronic condition in service or within one year after separation from service. The examiner opined that current symptoms are not related to military service.

The Board denied service connection for bilateral foot and knee conditions, finding that the Veteran's pes planus preexisted service and was not aggravated by in-service activities. The neuropathy of the feet is not related to service, while the knee osteoarthritis is attributed to intercurrent causes.

The Board has decided to remand the case due to insufficient evidence regarding whether the right knee disability was aggravated by service.

The Board has remanded three issues: service connection for variegate porphyria, a rating in excess of 40 percent for thoracic spine disability, and a rating in excess of 10 percent for right knee disability. The Veteran's claims are being remanded due to outstanding VA treatment records and private treatment records not yet obtained.